BreachOfPrivacy
Decisions/Federal (Canada)/Privacy Act/RCMP Names Murder Suspect at Community Meeting
Office of the Privacy Commissioner of CanadaPrivacy ActWell-founded
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RCMP Names Murder Suspect at Community Meeting

Organization: RCMPComplainant: An individual
Decision: Oct 4, 2012Published: Oct 4, 2012

The RCMP was investigated after a complainant alleged that a staff sergeant inappropriately disclosed that he was a suspect in a murder investigation at a community meeting. The Sergeant identified the man as a "person of interest" and stated he declined a polygraph test. While the RCMP believed the complainant had consented to the discussion due to his attendance at the meeting and assurances from group representatives, the OPC found the RCMP had erred in presuming consent. The onus was on the RCMP to actively obtain consent.

  • Did the RCMP staff sergeant inappropriately disclose the complainant's status as a "person of interest" in a murder investigation at a community meeting?
  • Did the complainant consent to the disclosure of his personal information by the RCMP staff sergeant?
  • Was the disclosure of personal information reasonable and for a purpose authorized by the Privacy Act?

Complaint well-founded — OPC found the RCMP presumed consent rather than actively obtaining it.

The Office found that the RCMP had presumed the complainant's consent to the disclosure of his personal information rather than actively obtaining it, which is required under the Privacy Act.

AI-generated summary for reference only. Always verify against the official decision ↗

Recommended action / remedy

The OPC recommended that the RCMP ensure that consent is actively obtained before disclosing personal information in similar circumstances in the future.

Statutory provisions cited
  • Privacy Act

This summary is informational only and not legal advice.